vision2020
Re: candidate questionaire: US House
I, respectfully, stand corrected, cheers, greg
I did some quick research, for the benefit of those who might be interested
in the vote there in Idaho, on the issue of the death penalty at the
federal level: If so, keep reading:
When the Democrats took over the executive branch of government in 1993 for
the first time in 12 years, only one federal crime had Supreme
Court-approved status allowing the death penalty: committing murder in the
course of a large drug conspiracy. Today, between the new anti-terrorism
law and the 1994 crime bill, more than 50 different federal crimes --
ranging from causing death by sabotaging a train to murder for hire and for
being a drug kingpin -- can be punished by execution.
From the U.S. Department of Justice: The Federal death penalty is based
upon two legislative acts: the Anti-Drug Abuse Act of 1988 and the Federal
Death Penalty Act of 1994.
The Federal Death Penalty Act of 1994:
The Federal Death Penalty Act of 1994 was enacted as Title VI of the
Violent Crime Control and Law Enforcement Act of 1994 and became effective
on September
13, 1994. See Pub. L. 103-322, Title VI, Sections 60001-26, Sept. 13, 1994,
108 Stat. 1959 (codified at 18 U.S.C. 3591-3598). In passing this
legislation, Congress
established constitutional procedures for imposition of the death penalty
for 60 offenses under 13 existing and 28 newly-created Federal capital
statutes, which fall into three
broad categories: (1) homicide offenses; (2) espionage and treason; and (3)
non-homicidal narcotics offenses. Drug-related killings under 21 U.S.C.
848(e) and political
assassinations under 18 U.S.C. 1751 (presidential and staff) and 18 U.S.C.
351 (congressional and cabinet, etc.) are not expressly included in the
Act's otherwise exhaustive
listing of death penalty offenses. However, Section 3591(a)(2) of the Act
expressly extends to "any other offense for which a sentence of death is
provided . . . ."
HOUSE BROADENS CRIMES PUNISHABLE BY DEAT... 04/15/94
Byline: THE WASHINGTON POST
WASHINGTON -- The House on Thursday responded to public demands for
tougher punishment of violent criminals by voting to vastly expand the
number of offenses punishable by death under federal law.
Lawmakers went on record -- almost 3 to 1 -- favoring the death penalty
for 65 crimes, including murders in the drive-by shootings and carjackings
that have heightened public anxiety about violence. With the 314 to 111
vote, the House went along with the Senate's tough stance on capital
punishment.
``Plain common sense tells us that the death penalty is the only way to
send an unequivocal message that some conduct simply will not be borne
solely by innocent victims of heinous crimes without the highest price
being paid,'' House Judiciary Chairman Jack Brooks, D-Texas, said.
Brooks led the successful fight against an amendment, sponsored by Rep.
Mike Kopetski, D-Ore., that would have made capital offenses defined in a
major anti-crime bill punishable instead by life in prison.
The death penalty now can be imposed under federal law only for
killings in connection with a major drug ring or an airplane hijacking. The
federal government last executed someone in 1963. Since 1976, states have
executed more than 220 inmates.
Even with the expanded role envisioned in the House bill, the federal
government would continue to play a secondary role in punishing violent
offenders. More than 90 percent now are prosecuted in state and local
courts, which would continue to handle an overwhelming majority.
Nearly all the capital crimes listed in the House bill involve murder,
such as killings of judges, jurors, federal law-enforcement officers,
witnesses and informers. The exceptions are for espionage, treason and
large-scale drug trafficking.
Lawmakers rejected, 316 to 108, an effort to delete the provision to
punish kingpins who run drug rings with death even if they do not murder
anyone. Rep. Melvin H. Watt, D-N.C., argued that the provision was
unconstitutional and would make it harder for the federal government to
extradite international kingpins. He also predicted the death penalty would
be applied in ``a racially discriminatory way.''
In two voice votes on other death-penalty issues, the House rejected a
move to delete carjacking and drive-by shooting from its list of capital
crimes but added fatal kidnapping of a child.
Published: 08/27/94
$30 BILLION CRIME LEGISLATION ALLOWS CAPITAL PUNISHMENT FOR 60 OFFENSES
Byline: THE ASSOCIATED PRESS
The 60 offenses for which a person may be sentenced to death under the
crime bill awaiting President Clinton's signature:
-- Murder of president
-- Murder of vice president
-- Murder of high-level members of president's or vice president's
staffs
-- Murder of diplomats or certain foreign officials
-- Kidnapping resulting in death
-- Hostage-taking resulting in death
-- Murder for hire
-- Murder in aid of racketeering
-- Genocide
-- Murder by lifetime federal prisoner
-- Conspiracy to violate civil rights resulting in death
-- Willful deprivation of federal rights resulting in death
-- Interference with federally protected activities resulting in death
-- Obstruction of free exercise of religious rights resulting in death
-- Drive-by shooting resulting in death
-- Murder of U.S. national in foreign country
-- Rape resulting in death
-- Sexual-abuse crimes resulting in death
-- Child-sexual exploitation resulting in death
-- Murder by escaped federal prisoner
-- Murder with firearm in course of federal violent crime or drug crime
-- Murder during firearms attack in or on federal facility
-- Murder of court officer
-- Murder of juror
-- Retaliatory murders of witnesses
-- Murder of state officer assisting federal officer
-- Murder of local officer assisting federal officer
-- Fatal violence against maritime navigation
-- Fatal violence against maritime platforms
-- Use of weapons of mass destruction resulting in death
-- Torture resulting in death
-- Fatal violence in international airports
-- Terrorist murder of U.S. national abroad
-- Espionage
-- Carjacking resulting in death
-- Murder of an alien in the course of a smuggling offense
-- Treason
-- Destruction of aircraft resulting in death
-- Destruction of aircraft facilities resulting in death
-- Destruction of motor-vehicles resulting in death
-- Destruction of motor vehicle facilities resulting in death
-- Murder of members of families of federal officials with intent to
impede or retaliate
-- Murder of members of Congress
-- Murder of Cabinet officers
-- Murder of Supreme Court justices
-- Interstate explosives offense resulting in death
-- Damage of federal property by fire or explosives resulting in death
-- Damage of federal property affecting commerce by fire or explosives
resulting in death
-- Murder in special maritime and territorial jurisdiction
-- Murder of federal judges
-- Murder of federal law-enforcement officers
-- Witness-tampering murders
-- Mailing dangerous articles where death results
-- Murder of state correctional officers
-- Wrecking trains where death results
-- Murder in course of bank robbery
-- Aircraft piracy where death results
-- Espionage offenses involving the identification of a U.S. agent to a
foreign power
-- Death penalty for drug kingpins
-- Death for leaders of major drug trafficking enterprises who attempt
to kill or direct another to kill to obstruct justice or to further the
enterprise.
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